Cartwright v. Coca-Cola Refreshments USA Inc

Filing 68

ORDER denying as moot 55 defendants' motion for summary judgment; and granting 66 Plaintiff Sandra Cartwright's motion to approve a settlement. Signed by Chief Judge Brian S. Miller on 11/16/2017. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION SANDRA CARTWRIGHT PLAINTIFF v. CASE NO: 1:15-CV-00115 BSM COCA-COLA REFRESHMENTS USA, INC., RANDSTAD PROFESSIONALS US, LP, d/b/a RANDSTAD MANAGED SERVICES; RANDSTAD GENERAL PARTNER (US) LLC; AND INSYNC STAFFING LLC DEFENDANTS v. RANDSTAD PROFESSIONALS US, LP, d/b/a RANDSTAD MANAGED SERVICES and RANDSTAD GENERAL PARTNER (US) LLC THIRD-PARTY DEFENDANTS ORDER Plaintiff Sandra Cartwright=s motion to approve a settlement [Doc. No. 66] is granted and defendants= motion for summary judgment [Doc. No. 55] is denied as moot. Arkansas=s workers= compensation statute requires that settlements of certain claims must be approved by a court or the Arkansas Workers= Compensation Commission when those claims involve possible subrogation by employers and third-party insurers. See Ark. Code Ann. ' 11-9-410(c)(1). The law requires that interested third parties be afforded Areasonable notice and opportunity@ to intervene and assert a right to a lien on recovered proceeds. Id. '' 11-9-410(a)(1)(A), (a)(1)(B). Moreover, three days= written notice of a proposed settlement must be given to all interested parties. Id. ' 11-9-410(c)(3). Plaintiffs gave written notice of this proposed settlement to all interested third parties on October 30, 2017. Doc No. 66, _ 6. No third party has asked to intervene or objected to the settlement and the time for doing so has passed. See also Northwest Arkansas Area Agency on Aging v. Golmon, 15 S.W.3d 363, 366_67 (Ark. Ct. App. 2000). The settlement is therefore approved. IT IS SO ORDERED this 16th day of November 2017. UNITED STATES DISTRICT JUDGE

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